After 50 years of debate, the ethics of aggregation has reached a curious stalemate, with both sides arguing that only their theory treats people as equals. I argue that, on the issue of equality, both sides are wrong. From the premise that “each counts for one,” we cannot derive the conclusion that “more count for more”—or its negation. The familiar arguments from equality to aggregation presuppose more than equality: the Kamm/Scanlon “Balancing Argument” rests on what social choice theorists call “(Positive) (...) Responsiveness,” Kamm’s “Aggregation Argument” assumes that “equal” lives are fungible, and Hsieh et al. have it that spreading goods broadly best approximates equality. In each case, the crucial premise is not equality itself but a further idea that Taurek, I argue, can safely reject. I conclude with a conjecture: there is no theory-neutral argument that settles the question of whether the numbers count. (shrink)

Joe Horton’s all-or-nothing problem concerns a situation in which it is morally permissible to do nothing and to save two people but not to save only one. This description seems to entail that we should do nothing rather than save only one. I object to Horton’s solution and challenge a principle he draws attention to, which is required to generate the problem but which Horton regards as beyond dispute.

This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons not (...) to do the acts that are forbidden by those principles. In this paper, I try to argue that neither one of these claims is true. (shrink)

Suppose you can save only one of two groups of people from harm, with one person in one group, and five persons in the other group. Are you obligated to save the greater number? While common sense seems to say ‘yes’, the numbers skeptic says ‘no’. Numbers Skepticism has been partly motivated by the anti-consequentialist thought that the goods, harms and well-being of individual people do not aggregate in any morally significant way. However, even many non-consequentialists think that Numbers Skepticism (...) goes too far in rejecting the claim that you ought to save the greater number. Besides the prima facie implausibility of Numbers Skepticism, Michael Otsuka has developed an intriguing argument against this position. Otsuka argues that Numbers Skepticism, in conjunction with an independently plausible moral principle, leads to inconsistent choices regarding what ought to be done in certain circumstances. This inconsistency in turn provides us with a good reason to reject Numbers Skepticism. Kirsten Meyer offers a notable challenge to Otsuka’s argument. I argue that Meyer’s challenge can be met, and then offer my own reasons for rejecting Otsuka’s argument. In light of these criticisms, I then develop an improved, yet structurally similar argument to Otsuka’s argument. I argue for the slightly different conclusion that the view proposed by John Taurek that ‘the numbers don’t count’ leads to inconsistent choices, which in turn provides us with a good reason to reject Taurek’s position. (shrink)

RESUMEN En la ética y la filosofía política contemporáneas es común apelar a alguna forma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición "contractualismo" y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo "el dilema (...) contractualista": cuando hay una situación de desacuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del "dilema contractualista", el contractualismo no debe ser entendido como un método de justificación normativa. ABSTRACT It is common practice in contemporary ethics and political philosophy to appeal to some sort of hypothetical consensus to justify normative contents. In this article, I call that position "contractualism" and argue for three thesis in that respect. First, the common objection to contractualism is correct, namely, that stipulating a hypothetical consensus in an ideal situation of deliberation adds nothing to the justification of the normative content at stake. Secondly, this objection gives rise to what I have called "the contractualist dilemma": in a situation of disagreement between two agents over whether a normative content x is correct, resorting to a hypothetical agreement in ideal deliberation conditions as a means to justify x amounts to falling into petitio principii or to establishing a triviality. Third, in view of "the contractualist dilemma", contractualism should not be understood as a method of normative justification. (shrink)

En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

The ‘standard interpretation’ of John Taurek’s argument in ‘Should the Numbers Count?’ imputes two theses to him: first, ‘numbers scepticism’, or scepticism about the moral force of an appeal to the mere number of individuals saved in conflict cases; and second, the ‘equal greatest chances’ principle of rescue, which requires that every individual has an equal chance of being rescued. The standard interpretation is criticized here on a number of grounds. First, whilst Taurek clearly believes that equal chances are all-important, (...) he actually argues for a position weaker than the equal greatest chances principle. Second, the argument Taurek gives for the importance of equal chances ought to commit him to being more hospitable to the significance of numbers than he seems to be. Third, and as a result, Taurek should not have dismissed the significance of numbers but embraced a form of pluralism instead. Fourth, this result should be welcomed, because pluralism is more plausible than either the equal greatest chances principle or the saving the greater number principle. (shrink)

Split liver transplantation (SLT) provides an opportunity to divide a donor liver, offering transplants to two small patients (one or both could be a child) rather than keeping it whole and providing a transplant to a single larger adult patient. In this article, we attempt to address the following question that is identified by the Organ Procurement and Transplant Network and United Network for Organ Sharing: ‘Should a large liver always be split if medically safe?’ This article aims to defend (...) an answer—‘not always’—and clarify under what circumstances SLT is ethically desirable. Our answer will show why a more dynamic approach is needed to the ethics of SLT. First, we discuss a case that does not need a dynamic approach. Then, we explain what is meant by a dynamic approach and why it is needed. (shrink)

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best (...) account of deontic constraints. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

You ought to save a larger group of people rather than a distinct smaller group of people, all else equal. A consequentialist may say that you ought to do so because this produces the most good. If a non-consequentialist rejects this explanation, what alternative can he or she give? This essay defends the following explanation, as a solution to the so-called numbers problem. Its two parts can be roughly summarised as follows. First, you are morally required to want the survival (...) of each stranger for its own sake. Secondly, you are rationally required to achieve as many of these ends as possible, if you have these ends. (shrink)

I distinguish several arguments Kamm and Scanlon make against Taurek's claim that it is permissible to save smaller groups of people rather than larger. I then argue that none succeeds. This is a companion to my "Saving the Few.".

Constitutivism aims to justify substantial normative standards as constitutive of practical reason. In this way, it can defend the constructivist commitment to avoiding realism and anti-realism in normative disciplines. This metaphysical debate is the perspective from which the nature of the constitutivist justification is usually discussed. In this paper, I focus on a related, but distinct, debate. My concern will not be whether the substantial normative claims asserted by the constructivist have some elements, which are not constructed, but real, given (...) independently from us; instead, my concern will be more narrowly epistemic – whether those claims can be derived from premises, which are normatively less substantial than the normative conclusions themselves. I focus on Korsgaard’s transcendental articulation of the constitutivist argument. I conclude that more work would need to be done, in order for this argument to function as intended. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

Joseph Raz claims that there can be reason to do the impossible; but partial compliance with reason is better than non-compliance and the closer one gets to complying with reason, the better. I propose some exceptions.

I aim to undermine an account of the difference between conceptual and moral relativism according to which conceptual relativism focuses on the description of nature and moral relativism on values. I do so with some help from Joseph Raz.

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

I identify an assumption that the students should not rely on: if the teacher believes that the exam would not be a surprise on a certain day, the teacher will not give the exam on that day. The reason I present for not making this assumption does not involve doubting the moral goodness of the teacher. But it does involve making a value judgment.